Can My Child Refuse Visitation?

Can My Child Refuse Visitation?Child custody is a difficult matter, and can create emotional challenges for all parties involved, including the child or children. If your child is throwing tantrums at the thought of having to see their noncustodial parent, or is refusing to go to the planned visitations, it can make a difficult situation even more challenging. Giving in to your child and skipping a planned visitation could land you in court or result in additional legal challenges for you. So, is there any reason that your child can refuse to visit with their other parent? We will explore that more below.

Can a Child Refuse Visitation?

Visitation is a right held by the noncustodial parent. This right is awarded by the court in clear terms that must be adhered to by both parties. Because it is a right of the noncustodial parent, and not of the child, the child does not have grounds to deny or avoid it. The court awards the noncustodial parent visitation rights because it is believed to be in the best interest of the child to have a relationship with both of their parents.

The child does not have the right to choose whether or not they have visitation until they turn 18 and are no longer legally a minor. However, there may be valid reasons for adjusting or terminating visitation rights that you can pursue as their parent. For this reason, if your child is expressing fear or avoidance around visitations, it is important to really hear them out and understand their reasoning for not wanting to go.

Our family law attorneys are focused on efficiently and effectively preparing clients for the most difficult circumstances. The attorneys at HAWM law have experience dealing with an array of family law matters and can prepare the necessary and often unique strategy and tools that your family may require.

Ways to Change Visitation

Visitation is granted because it is believed to be in the best interest of the child. If you can show that visitation is not in the best interest of the child, it may be possible to have visitation rights modified or terminated completely. For instance, if the noncustodial parent has substance abuse issues and is using drugs or under the influence of alcohol during visitation with your child, it is putting them in danger and setting a bad example, which is not in their best interest.

Likewise, if the noncustodial parent continually misses their scheduled visitations, it may not be in the child’s best interest to keep being let down. If the other parent has been violent or abusive with the child, this is also important to bring to the court’s attention as soon as possible. Generally, if a child is adamantly refusing visitation, there is a reason.

Talking to an experienced family law attorney who can review the circumstances of your case can help to give you a clear idea of what options are available to you legally and how best to use the law to protect and support the best interests of your child.

Contact HAWM Law

If you are dealing with a difficult custody issue, you do not have to navigate it alone. The experienced divorce and family law attorneys at HAWM Law are ready to help. We will fight to make sure that you secure the best possible outcome for you and your child. Contact HAWM Law today to schedule a consultation.

Translate »